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2024 Supreme(Online)(KER) 41487
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946 MACA NO. 581 OF 2021 AGAINST THE AWARD DATED 15.06.2020 IN O.P.(M.V.) NO.47 OF 2019 OF MOTOR ACCIDENT CLAIMS TRIBUNAL VADAKARA APPELLANT/PETITIONER :
SATHYA DHARMAN K.P.
AGED 29 YEARS S/O. RAJAN K.P., KAYANODAN PUNATHIL HOUSE, KARUVANCHERY, PALAYAD NADA P.O., VATAKARA TALUK, KOZHIKODE DISTRICT, PIN-673 521.
BY ADVS.
ABU MATHEW SRI.AJU MATHEW RESPONDENTS/RESPONDENTS :
1 ABDUL SHAREEF AGED 50 YEARS S/O. MOOSSA, KUNIYIL PARAKKOOL HOUSE, KEEZHAL P.O., VATAKARA TALUK, KOZHIKODE DISTRICT, PIN-673 523.
2 THE ORIENTAL INSURANCE COMPANY LIMITED DIVISIONAL OFFICE, RAJARAM BUILDING SECOND FLOOR, OPP. NEW BUS STAND, VATAKARA P.O., VATAKARA TALUK, KOZHIKODE DISTRICT, PIN-673 101, REPRESENTED BY ITS BRANCH MANAGER.
SMT. LATHA SUSAN CHERIAN- R THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 10.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EASWARAN S., J.
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M.A.C.A No.581 of 2021 -----------------------------------
Dated this the 10th day of October, 2024
JUDGMENT
The claimant in O.P.(M.V.) No.47 of 2019 on the files of the Motor Accidents Claims Tribunal, Vatakara is the appellant herein. Two claim petitions were jointly tried arising out of a single accident.
2. The facts in brief are as follows:
On 15.9.2018 at 12.55 p.m., while the petitioners were travelling in the motorcycle bearing Registration No.KL-18-S-295 from Palayad Nada to Keezhal and when they reached Keezhalmukku, an autorickshaw bearing Registration No.KL-57- 3586 owned and driven by the 1st respondent in a rash and negligent manner dashed against the motorcycle and thereby they sustained serious injuries.
3. The claimant contended that he was working as an Electrician cum Plumber his monthly income was Rs.30,000/-.
Before the tribunal Exts.A1 to A9 were marked from the side of the appellant, whereas, Exts.B1 and B2 were marked from the side of the respondent. Ext.C1 is the Certitifate of Diability issued by the Govt. District Hospital, Vatakara.
4. The tribunal, applying the principles laid down by this Court in Sajeevan v. United India Insurance Company Ltd. [M.A.C.A. No.3601 of 2019] fixed the notional income of the claimant at Rs.11,000/- and awarded compensation as follows:
Sl. No.
The compensation claimed under different heads
Amount claimed
Amount allowed
Basis/vital details in a nutshell
1
Loss of earning from 15- 9-2018
1,00,000/-
66,000/- 11,000x6
months
2
Transport to hospital
20,000/-
4,000/-
3
Extra nourishment & bystander’s expenses
50,000/-
14,000/-
4
Medical expenses
4,00,000/-
552/-
5
Damage to clothing and articles
3,000/-
1,500/-
6
Pain & suffering
2,00,000/-
50,000/-
7
Loss of amenities and enjoyment of life
2,00,000/-
40,000/-
8
Loss of earning power
3,00,000/-
Nil
9
Future treatment
2,00,000/-
Nil
10
Permanent disability
3,00,000/-
1,57,080/-
11
Disfiguration
1,00,000/-
Nil
12
Mental shock and agony
1,00,000/-
Nil
13
Partial loss of earning
30,000/-
Nil
2024/KER/75631
Total Limited to
20,03,000/ - 10,00,000/ -
3,33,132/- Rounded
to Rs.3,33,200/-
5. Heard Sri. Aju Mathew, the learned counsel appearing for the appellant and Smt. Latha Susan Cherian, the learned Standing Counsel appearing for the insurance company.
6. On a perusal of the award it is seen that the tribunal took the notional income of the claimant at Rs.11,000/-. Ext.A7 shows that the appellant had obtained the Permit for Electrical Wireman issued by the Kerala State Electricity Licensing Board. Ext.A8 is the certificate of wireman examination. From these documents, it can be established beyond doubt that the appellant is a skilled worker and is an Electrician.
7. In O Rajani Vs. Oriental Insurance Company Ltd.
[2022 KHC Online 7149], the Hon’ble Supreme Court had considered the fixing of notional income of a carpenter by considering him as a skilled worker. In the light of Exts.A7 and A8, the occupation of the appellant having been proved beyond doubt, therefore, this Court is of the considered view that the tribunal ought to have reckoned the appellant as a skilled worker and fixed the monthly income at Rs.11,000/-. Accordingly, applying the principles laid down by the Apex Court in O Rajani (Supra), this Court is of the opinion that an amount of Rs.15,000/- can be fixed as the monthly income of the appellant. Hence, the appeal stands allowed and the appellant is granted enhanced compensation as follows:
Heads
Amount awarded by the tribunal
Amount awarded by this Court
Enhanced compensatio n
Loss of earnings
Rs.66,000/-
Rs.90,000/- (15,000x6)
Rs.24,000/- (90000- 66000)
Permanent disability
Rs.1,57,080 /-
Rs.2,14,200/- (15000x12x17x7/100)
Rs.57,120/-
Pain and sufferings
Rs.50,000/-
Rs.60,000/-
Rs.10,000/-
Extra nourishment and bystander expenses
Rs.14,000/-
Rs.20,000/- (1000x20)
Rs.6,000/-
Total enhanced compensation
Rs.97,120/-
8. Accordingly, the appellant is entitled to get an enhanced compensation of Rs.97,120/- (Rupees Ninety Seven Thous
